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AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Advocates
Judges
Acts
  • Order XI Rule 21 CPC.,
  • sub-rule (1)
  • Order XI Rule 14 of CPC.
  • Order XI Rule 21 of CPC,
  • provisions contained in Order XI Rule 21 of CPC,
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Advocates
Judges
Acts
  • Order XI Rule 21 CPC.,
  • sub-rule (1)
  • Order XI Rule 14 of CPC.
  • Order XI Rule 21 of CPC,
  • provisions contained in Order XI Rule 21 of CPC,
Smart Summary

Factual and Procedural Background

The petitioner, defendant No.2 in O.S.No.329/2011, challenged an order dated 05.08.2023 passed on I.A.No.15 by the Trial Court of the Principal Civil Judge and J.M.F.C., Mysuru. The impugned order allowed an application filed by respondent No.1 (plaintiff) under Order XI Rule 21 CPC seeking to strike off the defence of the petitioner due to non-production of documents as directed earlier by the Trial Court. The suit instituted by respondent No.1 concerns declaration, partition, and other reliefs related to immovable property and is actively contested by the petitioner.

Prior to trial, respondent No.1 filed I.A.No.13 seeking production of certain documents, which the Trial Court allowed on 01.12.2014. This order was subsequently confirmed by this Court in W.P.No.5828/2014 and by the Hon'ble Apex Court in S.L.P.No.5241/2021. Despite these orders, the petitioner failed to produce the documents, prompting respondent No.1 to file I.A.No.15 seeking striking off the defence. The Trial Court allowed I.A.No.15, leading to the present writ petition challenging that decision.

Legal Issues Presented

  1. Whether non-compliance with an order to produce documents under Order XI Rule 14 CPC can justify striking off the defence of a party under Order XI Rule 21 CPC.
  2. Whether the Trial Court erred in invoking Order XI Rule 21 CPC to strike off the defence on the ground of non-production of documents directed under a different provision.

Arguments of the Parties

Petitioner’s Arguments

  • The petitioner contended that Order XI Rule 21 CPC, which deals with striking off defence for non-answering of interrogatories or non-compliance with discovery orders, does not apply to non-production of documents under Order XI Rule 14 CPC.
  • The petitioner submitted a willingness to make all efforts to secure and produce the documents before the Trial Court.
  • The petitioner requested that if unable to produce the documents, the respondents be allowed to seek adverse inference against him, preserving procedural fairness.

Respondent’s Arguments

The opinion does not contain a detailed account of the respondents' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
W.P.No.5828/2014 Confirmation of Trial Court order allowing I.A.No.13 for production of documents Used to establish that the direction to produce documents was upheld by this Court
S.L.P.No.5241/2021 (Hon'ble Apex Court) Confirmation of Trial Court order allowing I.A.No.13 for production of documents Reinforced the binding nature of the order directing document production

Court's Reasoning and Analysis

The Court examined the scope and application of Order XI Rule 21 CPC, which addresses consequences for non-compliance with orders to answer interrogatories or for discovery or inspection of documents. The provision contemplates striking off the defence of a defendant only in relation to failure in answering interrogatories or discovery orders under Rule 21, not for non-production of documents under Order XI Rule 14 CPC.

The Court found that the Trial Court erred in applying Order XI Rule 21 CPC to strike off the defence for non-compliance with a production order under Order XI Rule 14 CPC. The Court emphasized that the legal provisions invoked by the Trial Court were not applicable to the facts of the case or the nature of the order passed in I.A.No.13.

Accordingly, the Court held that the impugned order deserved to be set aside and the application seeking striking off the defence was liable to be dismissed. The Court also accepted the petitioner's submission to attempt production of the documents and reserved liberty for the respondents to seek adverse inference if the petitioner failed to comply, with the Trial Court directed to hear both parties on this aspect.

Holding and Implications

The petition is allowed, the impugned order dated 05.08.2023 is set aside, and I.A.No.15 stands dismissed.

The direct effect of this decision is that the defence of the petitioner cannot be struck off merely for non-production of documents under Order XI Rule 14 CPC by invoking Order XI Rule 21 CPC. The petitioner is granted an opportunity to produce the documents, and if unable to do so, the respondents may seek adverse inference before the Trial Court, which must hear both parties before proceeding. No new precedent is established beyond the application of existing procedural rules to the facts.

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    SRI. G. SANJAY v. SMT. SATHYAVATHI MEGHADOOTH

    - 1 -

    NC: 2024:KHC:13058

    WP No. 19839 of 2023

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 1ST DAY OF APRIL, 2024

    BEFORE

    THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION No. 19839 OF 2023 (GM-CPC)

    BETWEEN:

    SRI. G. SANJAY

    S/O LATE GOWRISHANKAR

    AGED ABOUT 53 YEARS

    R/AT No.22 A & B, 6THMAIN

    JAYALAKSHMIPURA

    3RDBLOCK, MYSORE - 570 012. …PETITIONER

    (BY SRI T SESHAGIRI RAO, ADVOCATE)

    AND:

    1. SMT. SATHYAVATHI MEGHADOOTH

    D/O LATE GOWRISHANKAR W/O MEGHDUTH M BALALU

    AGED ABOUT 57 YEARS

    R/AT DODDATHOTA

    DODDA AMARAGOWDANAHALLI VILLAGE

    ILLALVALA HOBLI

    MYSORE - 571 130.

    2. SMT. SWARNALATHA DEVI

    W/O LATE GOWRISHANKAR

    AGED ABOUT 80 YEARS

    R/AT No.22 A & B, 6THMAIN

    JAYALAKSHMIPURA

    3RDBLOCK, MYSORE - 570 012.

    3. SMT. SHARADHA JAGDISH

    D/O LATE GOWRISHANKAR W/O JAGADEESH

    AGED ABOUT 56 YEARS

    R/AT No. 302, "SANKALP"

    YADAVAGIRI,

    MYSORE - 570 020. …RESPONDENTS

    (BY SRI Y K NARAYANA SHARMA, ADVOCATE FOR R1

    - 2 -

    NOTICE TO R2 TO R3 IS DISPENSED WITH

    V/O DTD. 25.03.2024)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF

    THE CONSITITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED

    ORDER DATED 05/08/2023 PASSED ON IA No. XV IN OS No.329/2011 FOUND AT ANNEXURE-A TO THE WRIT PETITION.

    THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT

    MADE THE FOLLOWING:

    ORDER

    1. This petition by defendant No.2 in O.S.No.329/2011 on the file of the Principal Civil Judge and J.M.F.C., Mysuru is directed against the impugned order dated 05.08.2023 passed on I.A.No.15, whereby the application filed by respondent No.1 - plaintiff under Order XI Rule 21 CPC., seeking striking off the defence of the petitioner - defendant No.2 on account of non production of documents as directed by the Trial Court and confirmed by this Court and the Hon'ble Apex Court, was allowed by the Trial Court.

    2. A perusal of the material on record would indicate that respondent No.1 - plaintiff instituted the aforesaid suit against the petitioner - defendant No.2 and the other defendants for declaration, partition and other reliefs in relation to the suit schedule immovable property. The said suit is being contested by the petitioner - defendant No.2.

    - 3 -

    3. Prior to commencement of trial, respondent No.1 filed an application I.A.No.13 seeking for a direction to the petitioner to produce certain documents and the said application was allowed by the Trial Court vide order dated 01.12.2014. The said order passed by the Trial Court allowing I.A.No.13 was confirmed by this Court in W.P.No.5828/2014, as well as by the Hon'ble Apex Court in S.L.P.No.5241/2021. Meanwhile, respondent No.1 - plaintiff filed the instant application I.A.No.15, seeking striking off the defence of the petitioner, on the ground of non compliance of the earlier orders passed by the Trial Court and confirmed by this Court, as stated supra. By the impugned order, the Trial Court allowed I.A.No.15, aggrieved by which, the petitioner is before this Court, by way of the present petition.

    4. Before adverting to the facts of the instant case, it would be profitable to extract Order XI Rule 21 of CPC, which states as under;

    "21. Non- compliance with order for discovery. - 2[(1)] Where any party fails to comply with any order to answer interrogatories, or for discovery or inspection of documents, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and, if a defendant, to have his defence,

    - 4 -

    if any, struck out, and to be placed in the same position as if he had not defended, and the party interrogating or seeking discovery or inspection may apply to the Court for an order to that effect and (an order may be made on such application accordingly, after notice to the parties and after giving them a reasonable opportunity of being heard).

    4[(2) Where an order is made under sub-rule (1) dismissing any suit, the plaintiff shall be precluded from bringing a fresh suit on the same cause of action.]"

    5. A plain reading of Order XI Rule 21 of CPC., is sufficient to come to the conclusion that non compliance of an order for production of documents under Order XI Rule 14 of CPC., will not entail striking off the defence as contemplated in the said provision. In fact, the said provision relates to striking off, of the defence of the party, in the event, interrogatories are not answered by the adverse party which is not relatable to Order XI Rule 14 of CPC. Consequently, the Trial Court clearly fell in error in invoking Order XI Rule 21 of CPC, for the purpose of striking off the defence of the petitioner on the ground of non compliance of the order passed on I.A.No.13 directing the petitioner to produce the documents. Under these circumstances, in the light of the provisions contained in Order XI Rule 21 of CPC, which are neither applicable to the facts

    - 5 -

    of the instant case nor to the order passed on I.A.No.13 under Order XI Rule 14 of CPC., I am of the view that the impugned order passed by the Trial Court deserves to be set-aside and the application filed by respondent No.1 deserves to be dismissed.

    6. At this stage, learned counsel for the petitioner submits that the petitioner would make all efforts to secure the documents and in the event it is possible to do so, the petitioner would produce the same before the Trial Court. It is also submitted that in the event if the petitioner is not in a position to produce the documents, liberty may be reserved in favour of the respondents to request the Trial Court to draw inference / adverse inference against the petitioner for non compliance of the order passed on I.A.No.13.

    7. In view of the aforesaid facts and circumstances, I deem it just and appropriate to set-aside the impugned order and dispose off I.A.No.15, by issuing certain directions.

    8. In the result, the following;

    ORDER

    (i) The petition is hereby allowed.

    (ii) The impugned order is hereby set-aside.

    - 6 -

    (iii) I.A.No.15 stands dismissed.

    (iv) The submission made on behalf of the petitioner that in the event, the petitioner is in a position to secure the documents, the petitioner would produce the same, is placed on record.

    (v) It is further directed that in the event if the petitioner is not in a position to produce the documents, liberty is reserved in favour of the respondents to request the Trial Court to draw inference / adverse inference against the petitioner for non compliance of the order passed on I.A.No.13 and the Trial Court shall hear both sides on this aspect of the matter and proceed further in the matter.

    Sd/-

    JUDGE

    GH

    List No.: 1 Sl No.: 11

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    SRI. G. SANJAY v. SMT. SATHYAVATHI MEGHADOOTH
    (Apr 1, 2024)